Presented below are water quality standards that are in ...2.20. "Water quality criteria" shall mean...

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Presented below are water quality standards that are in effect for Clean Water Act purposes. EPA is posting these standards as a convenience to users and has made a reasonable effort to assure their accuracy. Additionally, EPA has made a reasonable effort to identify parts of the standards that are not approved, disapproved, or are otherwise not in effect for Clean Water Act purposes.

Transcript of Presented below are water quality standards that are in ...2.20. "Water quality criteria" shall mean...

Page 1: Presented below are water quality standards that are in ...2.20. "Water quality criteria" shall mean levels of parameters or stream conditions that are required to be maintained by

 

 Presented below are water quality standards that are in effect for Clean 

Water Act purposes. 

 

 EPA is posting these standards as a convenience to users and has made 

a reasonable effort to assure their accuracy. Additionally, EPA has made 

a reasonable effort to identify parts of the standards that are not 

approved, disapproved, or are otherwise not in effect for Clean Water 

Act purposes. 

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November 15, 2017 TITLE 47 LEGISLATIVE RULE, DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER RESOURCES, SERIES 2 REQUIREMENTS GOVERNING WATER QUALITY STANDARDS Effective June 8, 2016 The attached WQS document is in effect for Clean Water Act (CWA) purposes with the exception of the following provision on which EPA has not yet taken action. Text in strikeout has not yet been acted upon by EPA and the remaining text is in effect for CWA purposes.

• Appendix E, Table 1. o 8.1—Dissolved Aluminum for water with pH <6.5 or >9.0 o 8.1.1—Dissolved Aluminum for water with pH ≥ 6.5 and ≤ 9.0, 4-day average

concentration o 8.1.2—Dissolved Aluminum for water with pH ≥ 6.5 and ≤ 9.0, 1-hour average

concentration

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WEST VIRGINIA SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

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Yes Kristin .-\. Boggs - By my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with \Yest Yirginia Code §29.-\.-3-11 and §39.-\.-3-2.

I IIIII IIII Ill 111111111111111 111111111111111111 II I Ill IIIIII IIII II 1111111111111111 Title-Series: 47-02 Rule Id: 9864 Document: 27572

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47CSR2

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TITLE 47

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

WATER RESOURCES

SERIES 2

REQUIREMENTS GOVERNING WATER QUALITY STANDARDS

§47-2-1. General.

1.1. Scope. -- These rules establish requirements governing the discharge or deposit of sewage,

industrial wastes and other wastes into the waters of the state and establish water quality standards for the

waters of the State standing or flowing over the surface of the State. It is declared to be the public policy

of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the

State consistent with (1) public health and public enjoyment thereof; (2) the propagation and protection of

animal, bird, fish, and other aquatic and plant life; and (3) the expansion of employment opportunities,

maintenance and expansion of agriculture and the provision of a permanent foundation for healthy

industrial development. (See W. Va. Code §22-11-2.)

1.2. Authority. -- W. Va. Code §§22-11-4(a)(16); 22-11-7b.

1.3. Filing Date. -- June 8, 2016

1.4. Effective Date. -- July 8, 2016

§47-2-2. Definitions.

The following definitions in addition to those set forth in W. Va. Code §22-11-3, shall apply to these

rules unless otherwise specified herein, or unless the context in which used clearly requires a different

meaning:

2.1. "Conventional treatment" is the treatment of water as approved by the West Virginia Bureau for

Public Health to assure that the water is safe for human consumption.

2.2. Lakes

2.2a. “Cool water lakes” are lentic water bodies that have a summer hydraulic residence time

greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the

support of cool water fish species or support cool water fish species, such as walleye and trout. “Cool

water lakes” do not include those waters that receive stockings of trout, but that do not support year-round

trout populations. (See Appendix F for a representative list.)

2.2.b. “Warm water lakes” are lentic water bodies that have a summer hydraulic residence time

greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the

support of warm water fish species or support warm water fish species, such as bass and catfish.

2.3. "Cumulative" means a pollutant which increases in concentration in an organism by successive

additions at different times or in different ways (bio-accumulation).

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2.4. "Designated uses" are those uses specified in water quality standards for each water or segment

whether or not they are being attained. (See sections 6.2 - 6.6, herein)

2.5. "Dissolved metal" is operationally defined as that portion of metal which passes through a 0.45

micron filter.

2.6. "Existing uses" are those uses actually attained in a water on or after November 28, 1975,

whether or not they are included in the water quality standards.

2.7. The "Federal Act" means the Clean Water Act (also known as the Federal Water Pollution

Control Act) 33 U.S.C. §1251 - 1387.

2.8. "High quality waters" are those waters whose quality is equal to or better than the minimum

levels necessary to achieve the national water quality goal uses.

2.9. "Intermittent streams" are streams which have no flow during sustained periods of no

precipitation and which do not support aquatic life whose life history requires residence in flowing waters

for a continuous period of at least six (6) months.

2.10. "Outstanding national resource waters" are those waters whose unique character, ecological or

recreational value or pristine nature constitutes a valuable national or State resource.

2.11. "Natural" or "naturally occurring" values or "natural temperature" shall mean for all of the

waters of the state:

2.11.a. Those water quality values which exist unaffected by -- or unaffected as a consequence

of -- any water use by any person; and

2.11.b. Those water quality values which exist unaffected by the discharge, or direct or indirect

deposit of, any solid, liquid or gaseous substance from any point source or non-point source.

2.12. "Non-point source" shall mean any source other than a point source from which pollutants may

reach the waters of the state.

2.13. "Persistent" shall mean a pollutant and its transformation products which under natural

conditions degrade slowly in an aquatic environment.

2.14. "Point source" shall mean any discernible, confined and discrete conveyance, including, but not

limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or

vessel or other floating craft, from which pollutants are or may be discharged. This term does not include

agricultural stormwater discharges and return flows from irrigated agriculture.

2.15. "Representative important species of aquatic life" shall mean those species of aquatic life whose

protection and propagation will assure the sustained presence of a balanced aquatic community. Such

species are representative in the sense that maintenance of water quality criteria will assure both the

natural completion of the species' life cycles and the overall protection and sustained propagation of the

balanced aquatic community.

2.16. “Secretary” shall mean the Secretary of the Department of Environmental Protection or such

other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§22-1-6

or 22-1-8.

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2.17. The "State Act" or "State Law" shall mean the West Virginia Water Pollution Control Act, W.

Va. Code §22-11-1 et seq.

2.18. "Total recoverable" refers to the digestion procedure for certain heavy metals as referenced in

40 CFR 136, as amended June 15, 1990 and March 26, 2007, Guidelines Establishing Test Procedures for

the Analysis of Pollutants Under the Clean Water Act.

2.19. "Trout waters" are waters which sustain year-round trout populations. Excluded are those

waters which receive annual stockings of trout but which do not support year-round trout populations.

2.20. "Water quality criteria" shall mean levels of parameters or stream conditions that are required

to be maintained by these regulations. Criteria may be expressed as a constituent concentration, levels, or

narrative statement, representing a quality of water that supports a designated use or uses.

2.21. "Water quality standards" means the combination of water uses to be protected and the water

quality criteria to be maintained by these rules.

2.22. "Wetlands" are those areas that are inundated or saturated by surface or groundwater at a

frequency and duration sufficient to support, and that under normal circumstances do support, a

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally

include swamps, marshes, bogs and similar areas.

2.23. "Wet weather streams" are streams that flow only in direct response to precipitation or whose

channels are at all times above the water table.

§47-2-3. Conditions Not Allowable In State Waters.

3.1. Certain characteristics of sewage, industrial wastes and other wastes cause pollution and are

objectionable in all waters of the state. Therefore, the Secretary does hereby proclaim that the following

general conditions are not to be allowed in any of the waters of the state.

3.2. No sewage, industrial wastes or other wastes present in any of the waters of the state shall cause

therein or materially contribute to any of the following conditions thereof:

3.2.a. Distinctly visible floating or settleable solids, suspended solids, scum, foam or oily slicks;

3.2.b. Deposits or sludge banks on the bottom;

3.2.c. Odors in the vicinity of the waters;

3.2.d. Taste or odor that would adversely affect the designated uses of the affected waters;

3.2.e. Materials in concentrations which are harmful, hazardous or toxic to man, animal or

aquatic life;

3.2.f. Distinctly visible color;

3.2.g. Algae blooms or concentrations of bacteria which may impair or interfere with the

designated uses of the affected waters;

3.2.h. Requiring an unreasonable degree of treatment for the production of potable water by

modern water treatment processes as commonly employed; and

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3.2.i. Any other condition, including radiological exposure, which adversely alters the integrity of

the waters of the State including wetlands; no significant adverse impact to the chemical, physical,

hydrologic, or biological components of aquatic ecosystems shall be allowed.

§47-2-4. Antidegradation Policy.

4.1. It is the policy of the State of West Virginia that the waters of the state shall be maintained and

protected as follows:

4.1.a. Tier 1 Protection. Existing water uses and the level of water quality necessary to protect

the existing uses shall be maintained and protected. Existing uses are those uses actually attained in a

water on or after November 28, 1975, whether or not they are included as designated uses within these

water quality standards.

4.1.b. Tier 2 Protection. The existing high quality waters of the state must be maintained at their

existing high quality unless it is determined after satisfaction of the intergovernmental coordination of the

state’s continuing planning process and opportunity for public comment and hearing that allowing lower

water quality is necessary to accommodate important economic or social development in the area in

which the waters are located. If limited degradation is allowed, it shall not result in injury or interference

with existing stream water uses or in violation of state or federal water quality criteria that describe the

base levels necessary to sustain the national water quality goal uses of protection and propagation of fish,

shellfish and wildlife and recreating in and on the water.

In addition, the Secretary shall assure that all new and existing point sources shall achieve the

highest established statutory and regulatory requirements applicable to them and shall assure the

achievement of cost-effective and reasonable best management practices (BMPs) for non-point source

control. If BMPs are demonstrated to be inadequate to reduce or minimize water quality impacts, the

Secretary may require that more appropriate BMPs be developed and applied.

4.1.b.1. High quality waters are those waters meeting the definition at section 2.8 herein.

4.1.b.2. High quality waters may include but are not limited to the following:

4.1.b.2.A. Streams designated by the West Virginia Legislature under the West Virginia

Natural Stream Preservation Act, pursuant to W. Va. Code §22-13-5; and

4.1.b.2.B. Streams listed in West Virginia High Quality Streams, Fifth Edition, prepared

by the Wildlife Resources Division, Department of Natural Resources (1986).

4.1.b.2.C. Streams or stream segments which receive annual stockings of trout but which

do not support year-round trout populations.

4.1.c. Tier 3 Protection. In all cases, waters which constitute an outstanding national resource

shall be maintained and protected and improved where necessary. Outstanding national resource waters

include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas

designated by The Wilderness Act (16 U.S.C. §1131 et seq.) within the State, all Federally designated

rivers under the “Wild and Scenic Rivers Act”, 16 U.S.C. §1271 et seq.; all streams and other bodies of

water in state parks which are high quality waters or naturally reproducing trout streams; waters in

national parks and forests which are high quality waters or naturally reproducing trout streams; waters

designated under the “National Parks and Recreation Act of 1978”, as amended; and pursuant to

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subsection 7.1 of 60CSR5, those waters whose unique character, ecological or recreational value, or

pristine nature constitutes a valuable national or state resource.

Additional waters may be nominated for inclusion in that category by any interested party or by

the Secretary on his or her own initiative. To designate a nominated water as an outstanding national

resource water, the Secretary shall follow the public notice and hearing provisions as provided in 46

C.S.R. 6.

4.1.d. All applicable requirements of section 316(a) of the Federal Act shall apply to

modifications of the temperature water quality criteria provided for in these rules.

§47-2-5. 7.1.ds.

5.1. In the permit review and planning process or upon the request of a permit applicant or permittee,

the Secretary may establish on a case-by-case basis an appropriate mixing zone.

5.2. The following guidelines and conditions are applicable to all mixing zones:

5.2.a. The Secretary will assign, on a case-by-case basis, definable geometric limits for mixing

zones for a discharge or a pollutant or pollutants within a discharge. Applicable limits shall include, but

may not be limited to, the linear distances from the point of discharge, surface area involvement, volume

of receiving water, and shall take into account other nearby mixing zones. Mixing zones shall take into

account the mixing conditions in the receiving stream (i.e: whether complete or incomplete mixing

conditions exist). Mixing zones will not be allowed until applicable limits are assigned by the Secretary

in accordance with this section.

5.2.b. Concentrations of pollutants which exceed the acute criteria for protection of aquatic life

set forth in Appendix E, Table 1 shall not exist at any point within an assigned mixing zone or in the

discharge itself unless a zone of initial dilution is assigned. A zone of initial dilution may be assigned on

a case-by-case basis at the discretion of the Secretary. The zone of initial dilution is the area within the

mixing zone where initial dilution of the effluent with the receiving water occurs, and where the

concentration of the effluent will be its greatest in the water column. Where a zone of initial dilution is

assigned by the Secretary, the size of the zone shall be determined using one of the four alternatives

outlined in section 4.3.3 of US EPA’s Technical Support Document for Water Quality-based Toxics

Control (EPA/505/2-90-001 PB91-127415, March 1991). Concentrations of pollutants shall not exceed

the acute criteria at the edge of the assigned zone of initial dilution. Chronic criteria for the protection of

aquatic life may be exceeded within the mixing zone but shall be met at the edge of the assigned mixing

zone.

5.2.c. Concentrations of pollutants which exceed the criteria for the protection of human health

set forth in Appendix E, Table 1 shall not be allowed at any point unless a mixing zone has been assigned

by the Secretary after consultation with the Commissioner of the West Virginia Bureau for Public Health.

Human health criteria may be exceeded within an assigned mixing zone, but shall be met at the edge of

the assigned mixing zone. Mixing zones for human health criteria shall be sized to prevent significant

human health risks and shall be developed using reasonable assumptions about exposure pathways. In

assessing the potential human health risks of establishing a mixing zone upstream from a drinking water

intake, the Secretary shall consider the cumulative effects of multiple discharges and mixing zones on the

drinking water intake. No mixing zone for human health criteria shall be established on a stream which

has a seven (7) day, ten (10) year return frequency of 5 cfs or less.

5.2.d. Mixing zones, including zones of initial dilution, shall not interfere with fish spawning or

nursery areas or fish migration routes; shall not overlap public water supply intakes or bathing areas;

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cause lethality to or preclude the free passage of fish or other aquatic life; nor harm any threatened or

endangered species, as listed in the Federal Endangered Species Act, 15 U.S.C. §1531 et seq.

5.2.e. The mixing zone shall not exceed one-third (1/3) of the width of the receiving stream, and

in no case shall the mixing zone exceed one-half (1/2) of the cross-sectional area of the receiving stream.

5.2.f. In lakes and other surface impoundments, the volume of a mixing zone shall not affect in

excess of ten (10) percent of the volume of that portion of the receiving waters available for mixing.

5.2.g. A mixing zone shall be limited to an area or volume which will not adversely alter the

existing or designated uses of the receiving water, nor be so large as to adversely affect the integrity of the

water.

5.2.h. Mixing zones shall not:

5.2.h.1. Be used for, or considered as, a substitute for technology-based requirements of the

Act and other applicable state and federal laws.

5.2.h.2. Extend downstream at any time a distance more than five times the width of the

receiving watercourse at the point of discharge.

5.2.h.3. Cause or contribute to any of the conditions prohibited in section 3, herein.

5.2.h.4. Be granted where instream waste concentration of a discharge is greater than 80%.

5.2.h.5. Overlap one another.

5.2.h.6. Overlap any 1/2 mile zone described in section 7.2.a.2 herein.

5.2.i. In the case of thermal discharges, a successful demonstration conducted under section

316(a) of the Act shall constitute compliance with all provisions of this section.

5.2.j. The Secretary may waive the requirements of subsections 5.2.e and 5.2.h.2 above if a

discharger provides an acceptable demonstration of:

5.2.j.1. Information defining the actual boundaries of the mixing zone in question; and

5.2.j.2. Information and data proving no violation of subsections 5.2.d and 5.2.g above by the

mixing zone in question.

5.2.k. Upon implementation of a mixing zone in a permit, the permittee shall provide

documentation that demonstrates to the satisfaction of the Secretary that the mixing zone is in compliance

with the provisions outlined in subsections 5.2.b, 5.2.c, 5.2.e, and 5.2.h.2, herein.

5.2.l. In order to facilitate a determination or assessment of a mixing zone pursuant to this section,

the Secretary may require a permit applicant or permittee to submit such information as deemed

necessary.

§47-2-6. Water Use Categories.

6.1. These rules establish general Water Use Categories and Water Quality Standards for the waters

of the State. Unless otherwise designated by these rules, at a minimum all waters of the State are

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designated for the Propagation and Maintenance of Fish and Other Aquatic Life (Category B) and for

Water Contact Recreation (Category C) consistent with Federal Act goals. Incidental utilization for

whatever purpose may or may not constitute a justification for assignment of a water use category to a

particular stream segment.

6.1.a. Waste assimilation and transport are not recognized as designated uses. The classification

of the waters must take into consideration the use and value of water for public water supplies, protection

and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial and

other purposes including navigation.

Subcategories of a use may be adopted and appropriate criteria set to reflect varying needs of

such subcategories of uses, for example to differentiate between trout water and other waters.

6.1.b. At a minimum, uses are deemed attainable if they can be achieved by the imposition of

effluent limits required under section 301(b) and section 306 of the Federal Act and use of cost-effective

and reasonable best management practices for non-point source control. Seasonal uses may be adopted as

an alternative to reclassifying a water or segment thereof to uses requiring less stringent water quality

criteria. If seasonal uses are adopted, water quality criteria will be adjusted to reflect the seasonal uses;

however, such criteria shall not preclude the attainment and maintenance of a more protective use in

another season. A designated use which is not an existing use may be removed, or subcategories of a use

may be established if it can be demonstrated that attaining the designated use is not feasible because:

6.1.b.1. Application of effluent limitations for existing sources more stringent than those

required pursuant to section 301 (b) and section 306 of the Federal Act in order to attain the existing

designated use would result in substantial and widespread adverse economic and social impact; or

6.1.b.2. Naturally-occurring pollutant concentrations prevent the attainment of the use; or

6.1.b.3. Natural, ephemeral, intermittent or low flow conditions of water levels prevent the

attainment of the use, unless these conditions may be compensated for by the discharge of sufficient

volume of effluent discharges to enable uses to be met; or

6.1.b.4. Human-caused conditions or sources of pollution prevent the attainment of the use

and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

6.1.b.5. Dams, diversions or other types of hydrologic modifications preclude the attainment

of the use, and it is not feasible to restore the water to its original condition or to operate such

modification in a way that would result in the attainment of the use; or

6.1.b.6. Physical conditions related to the natural features of the water, such as the lack of a

proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude

attainment of aquatic life protection uses.

6.1.c. The State shall take into consideration the quality of downstream waters and shall assure

that its water quality standards provide for the attainment of the water quality standards of downstream

waters.

6.1.d. In establishing a less restrictive use or uses, or subcategory of use or uses, and the water

quality criteria based upon such uses, the Secretary shall follow the requirements for revision of water

quality standards as required by W. Va. Code §22-11-7b and section 303 of the Federal Act and the

regulations thereunder. Any revision of water quality standards shall be made with the concurrence of

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EPA. The Secretary’s administrative procedural regulations for applying for less restrictive uses or

criteria shall be followed.

6.2. Category A -- Water Supply, Public. -- This category is used to describe waters which, after

conventional treatment, are used for human consumption. This category includes streams on which the

following are located:

6.2.a. All community domestic water supply systems;

6.2.b. All non-community domestic water supply systems, (i.e. hospitals, schools, etc.);

6.2.c. All private domestic water systems;

6.2.d. All other surface water intakes where the water is used for human consumption. (See

Appendix B for partial listing of Category A waters; see section 7.2.a.2, herein for additional

requirements for Category A waters.) The manganese human health criterion shall only apply within the

five-mile zone immediately upstream above a known public or private water supply used for human

consumption.

6.3. Category B -- Propagation and maintenance of fish and other aquatic life. --

This category includes:

6.3.a. Category B1 -- Warm water fishery streams. -- Streams or stream segments which

contain populations composed of all warm water aquatic life.

6.3.b. Category B2 -- Trout Waters. -- As defined in section 2.19, herein (See Appendix A for

a representative list.)

6.3.c. Category B4 -- Wetlands. -- As defined in section 2.22, herein; certain numeric stream

criteria may not be appropriate for application to wetlands (see Appendix E, Table 1).

6.4. Category C -- Water contact recreation. -- This category includes swimming, fishing, water

skiing and certain types of pleasure boating such as sailing in very small craft and outboard motor boats.

(See Appendix D for a representative list of category C waters.)

6.5. Category D. -- Agriculture and wildlife uses.

6.5.a. Category D1 -- Irrigation. -- This category includes all stream segments used for

irrigation.

6.5.b. Category D2 -- Livestock watering. -- This category includes all stream segments used

for livestock watering.

6.5.c. Category D3 -- Wildlife. -- This category includes all stream segments and wetlands

used by wildlife.

6.6. Category E -- Water supply industrial, water transport, cooling and power. -- This category

includes cooling water, industrial water supply, power production, commercial and pleasure vessel

activity, except those small craft included in Category C.

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6.6.a. Category E1 -- Water Transport. -- This category includes all stream segments modified

for water transport and having permanently maintained navigation aides.

6.6.b. Category E2 -- Cooling Water. -- This category includes all stream segments having

one (1) or more users for industrial cooling.

6.6.c. Category E3 -- Power production. -- This category includes all stream segments

extending from a point 500 feet upstream from the intake to a point one half (1/2) mile below the

wastewater discharge point. (See Appendix C for representative list.)

6.6.d. Category E4 -- Industrial. -- This category is used to describe all stream segments with

one (1) or more industrial users. It does not include water for cooling.

§47-2-7. West Virginia Waters.

7.1. Major River Basins and their Alphanumeric System. All streams and their tributaries in West

Virginia shall be individually identified using an alphanumeric system as identified in the "Key to West

Virginia Stream Systems and Major Tributaries" (1956) as published by the Conservation Commission of

West Virginia and revised by the West Virginia Department of Natural Resources, Division of Wildlife

(1985).

7.1.a. J - James River Basin. All tributaries to the West Virginia - Virginia State line.

7.1.b. P - Potomac River Basin. All tributaries of the main stem of the Potomac River to the

West Virginia - Maryland - Virginia State line to the confluence of the North Branch and the South

Branch of the Potomac River and all tributaries arising in West Virginia excluding the major tributaries

hereinafter designated:

7.1.b.1. S - Shenandoah River and all its tributaries arising in West Virginia to the West

Virginia - Virginia State line.

7.1.b.2. PC - Cacapon River and all its tributaries.

7.1.b.3. PSB - South Branch and all its tributaries.

7.1.b.4. PNB - North Branch and all tributaries to the North Branch arising in West Virginia.

7.1.c. M - Monongahela River Basin. The Monongahela River Basin main stem and all its

tributaries excluding the following major tributaries which are designated as follows:

7.1.c.1. MC - Cheat River and all its tributaries except those listed below:

7.1.c.1.A. MCB - Blackwater River and all its tributaries.

7.1.c.2. MW - West Fork River and all its tributaries.

7.1.c.3. MT - Tygart River and all its tributaries except those listed below:

7.1.c.3.A. MTB - Buckhannon River and all its tributaries.

7.1.c.3.B. MTM - Middle Fork River and all its tributaries.

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7.1.c.4. MY - Youghigheny River and all its tributaries to the West Virginia - Maryland

State line.

7.1.d. O Zone 1 - Ohio River - Main Stem. The main stem of the Ohio River from the Ohio -

Pennsylvania - West Virginia state line to the Ohio - Kentucky - West Virginia State line.

7.1.e. O Zone 2 - Ohio River - Tributaries. All tributaries of the Ohio River excluding the

following major tributaries:

7.1.e.1. LK - Little Kanawha River. The Little Kanawha River and all its tributaries

excluding the following major tributary which is designated as follows:

7.1.e.1.A. LKH - Hughes River and all its tributaries.

7.1.e.2. K - Kanawha River Zone 1. The main stem of the Kanawha River from mile point 0,

at its confluence with the Ohio River, to mile point 72 near Diamond, West Virginia.

7.1.e.3. K - Kanawha River Zone 2. The main stem of the Kanawha River from mile point

72 near Diamond, West Virginia and all its tributaries from mile point 0 to the headwaters excluding the

following major tributaries which are designated as follows:

7.1.e.3.A. KP - Pocatalico River and all its tributaries.

7.1.e.3.B. KC - Coal River and all its tributaries.

7.1.e.3.C. KE - Elk River and all its tributaries.

7.1.e.3.D. KG - Gauley River. The Gauley River and all its tributaries excluding the

following major tributaries which are designated as follows:

7.1.e.3.D.1. KG-19 - Meadow River and all its tributaries.

7.1.e.3.D.2. KG-34 - Cherry River and all its tributaries.

7.1.e.3.D.3. KGC - Cranberry River and all its tributaries.

7.1.e.3.D.4. KGW - Williams River and all its tributaries.

7.1.e.3.E. KN - New River. The New River from its confluence with the Gauley River

to the Virginia - West Virginia State line and all tributaries excluding the following major tributaries

which are designated as follows:

7.1.e.3.E.1. KNG - Greenbrier River and all its tributaries.

7.1.e.3.E.2. KNB - Bluestone River and all its tributaries.

7.1.e.3.E.3. KN-60 - East River and all its tributaries.

7.1.e.3.E.4. K(L)-81-(1) - Bluestone Lake.

7.1.e.4. OG - Guyandotte River. The Guyandotte River and all its tributaries excluding the

following major tributary which is designated as follows:

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7.1.e.4.1. OGM - Mud River and all its tributaries.

7.1.e.5. BS - Big Sandy River. The Big Sandy River to the Kentucky - Virginia - West

Virginia State lines and all its tributaries arising in West Virginia excluding the following major tributary

which is designated as follows:

7.1.e.5.1 BST - Tug Fork and all its tributaries.

7.2. Applicability of Water Quality Standards. The following shall apply at all times unless a

specific exception is granted in this section:

7.2.a. Water Use Categories as described in section 6, herein.

7.2.a.1. Based on meeting those Section 6 definitions, tributaries or stream segments may be

classified for one or more Water Use Categories. When more than one use exists, they shall be protected

by criteria for the use category requiring the most stringent protection.

7.2.a.2. Each segment extending upstream from the intake of a water supply public (Water

Use Category A), for a distance of one half (1/2) mile or to the headwater, must be protected by

prohibiting the discharge of any pollutants in excess of the concentrations designated for this Water Use

Category in section 8, herein. In addition, within that one half (1/2) mile zone, the Secretary may

establish for any discharge, effluent limitations for the protection of human health that require additional

removal of pollutants than would otherwise be provided by this rule. (If a watershed is not significantly

larger than this zone above the intake, the water supply section may include the entire upstream watershed

to its headwaters.) The one-half (1/2) mile zone described in this section shall not apply to the Ohio River

main channel (between Brown’s Island and the left descending bank) between river mile points 61.0 and

63.5 and mile points 70 and 71. All mixing zone regulations found in section 5 of this rule will apply

except 47 CSR 2 §5.2.h.6. Whether a mixing zone is appropriate, and the proper size of such zone, would

need to be considered on a site-specific basis in accordance with the EPA approved West Virginia mixing

zone regulations in 47 CSR 2 §5.

7.2.b. In the absence of any special application or contrary provision, water quality standards

shall apply at all times when flows are equal to or greater than the minimum mean seven (7) consecutive

day drought flow with a ten (10) year return frequency (7Q10). NOTE: With the exception of section

7.2.c.5 listed herein exceptions do not apply to trout waters nor to the requirements of section 3, herein.

7.2.c. Exceptions: Numeric water quality standards shall not apply: (See section 7.2.d, herein,

for site-specific revisions)

7.2.c.1. When the flow is less than 7Q10;

7.2.c.2. In wet weather streams (or intermittent streams, when they are dry or have no

measurable flow): Provided, that the existing and designated uses of downstream waters are not adversely

affected;

7.2.c.3. In any assigned zone of initial dilution of any mixing zone where a zone of initial

dilution is required by section 5.2.b herein, or in any assigned mixing zone for human health criteria or

aquatic life criteria for which a zone of initial dilution is not assigned; In zones of initial dilution and

certain mixing zones: Provided, That all requirements described in section 5 herein shall apply to all

zones of initial dilution and all mixing zones;

-

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7.2.c.4. Where, on the basis of natural conditions, the Secretary has established a site-

specific aquatic life water quality criterion that modifies a water quality criterion set out in Appendix E,

Table 1 of this rule. Where a natural condition of a water is demonstrated to be of lower quality than a

water quality criterion for the use classes and subclasses in section 6 of this rule, the Secretary, in his or

her discretion, may establish a site-specific water quality criterion for aquatic life. This alternate criterion

may only serve as the chronic criterion established for that parameter. This alternate criterion must be

met at end of pipe. Where the Secretary decides to establish a site-specific water quality criterion for

aquatic life, the natural condition constitutes the applicable water quality criterion. A site-specific

criterion for natural conditions may only be established through the legislative rulemaking process in

accordance with W. Va. Code §29A-3-1 et seq. and must satisfy the public participation requirements set

forth at 40 C.F.R. 131.20 and 40 C.F.R. Part 25. Site-specific criteria for natural conditions may be

established only for aquatic life criteria. A public notice, hearing and comment period is required before

site-specific criteria for natural conditions are established.

Upon application or on its own initiative, the Secretary will determine whether a natural

condition of a water should be approved as a site-specific water quality criterion. Before he or she

approves a site-specific water quality criterion for a natural condition, the Secretary must find that the

natural condition will fully protect existing and designated uses and ensure the protection of aquatic life.

If a natural condition of a water varies with time, the natural condition will be determined to be the actual

natural condition of the water measured prior to or concurrent with discharge or operation. The Secretary

will, in his or her discretion, determine a natural condition for one or more seasonal or shorter periods to

reflect variable ambient conditions; and require additional or continuing monitoring of natural conditions.

An application for a site-specific criterion to be established on the basis of natural conditions

shall be filed with the Secretary and shall include the following information:

7.2.c.4.A. A U.S.G.S. 7.5 minute map showing the stream segment affected and

showing all existing discharge points and proposed discharge point;

7.2.c.4.B. The alphanumeric code of the affected stream, if known;

7.2.c.4.C. Water quality data for the stream or stream segment. Where adequate data are

unavailable, additional studies may be required by the Secretary;

7.2.c.4.D. General land uses (e.g. mining, agricultural, recreation, residential,

commercial, industrial, etc.) as well as specific land uses adjacent to the waters for the affected segment

or stream;

7.2.c.4.E. The existing and designated uses of the receiving waters into which the

segment in question discharges and the location where those downstream uses begin to occur;

7.2.c.4.F. General physical characteristics of the stream segment, including, but not

limited to width, depth, bottom composition and slope;

7.2.c.4.G. Conclusive information and data of the source of the natural condition that

causes the stream to exceed the water quality standard for the criterion at issue.

7.2.c.4.H. The average flow rate in the segment and the amount of flow at a designated

control point and a statement regarding whether the flow of the stream is ephemeral, intermittent or

perennial;

7.2.c.4.I. An assessment of aquatic life in the stream or stream segment in question and

in the adjacent upstream and downstream segments; and

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7.2.c.4.J. Any additional information or data that the Secretary deems necessary to make

a decision on the application.

7.2.c.5. For the upper Blackwater River from the mouth of Yellow Creek to a point 5.1 miles

upstream, when flow is less than 7Q10. Naturally occurring values for Dissolved Oxygen as established

by data collected by the dischargers within this reach and reviewed by the Secretary shall be the

applicable criteria.

7.2.d. Site-specific applicability of water use categories and water quality criteria - State-wide

water quality standards shall apply except where site-specific numeric criteria, variances or use removals

have been approved following application and hearing, as provided in 46 C.S.R. 6. (See section 8.4 and

section 8.5, herein) The following are approved site-specific criteria, variances and use reclassifications:

7.2.d.1. James River - (Reserved)

7.2.d.2. Potomac River

7.2.d.2.1. A site-specific numeric criterion for aluminum, not to exceed 500 ug/l, shall

apply to the section of Opequon Creek from Turkey Run to the Potomac River.

7.2.d.3. Shenandoah River - (Reserved)

7.2.d.4. Cacapon River - (Reserved)

7.2.d.5. South Branch - (Reserved)

7.2.d.6. North Branch - (Reserved)

7.2.d.7. Monongahela River

7.2.d.7.1. Flow in the main stem of the Monongahela River, as regulated by the Tygart

and Stonewall Jackson Reservoirs, operated by the U. S. Army Corps of Engineers, is based on a

minimum flow of 425 cfs at Lock and Dam No. 8, river mile point 90.8. This exception does not apply to

tributaries of the Monongahela River.

7.2.d.8. Cheat River

7.2.d.8.1. In the unnamed tributary of Daugherty Run, approximately one mile upstream

of Daugherty Run’s confluence with the Cheat River, a site-specific numeric criterion for iron of 3.5 mg/l

shall apply and the following frequency and duration requirements shall apply to the chronic numeric

criterion for selenium (5ug/l): the four-day average concentration shall not be exceeded more than three

times every three years (36 months), on average. Further, the following site-specific numeric criteria

shall apply to Fly Ash Run of Daugherty Run: acute numeric criterion for aluminum: 888.5 ug/l and

manganese: 5 mg/l. For both the unnamed tributary of Daugherty Run, approximately one mile upstream

of Daugherty Run’s confluence with the Cheat River, and Fly Ash Run, Water Use Category A shall not

apply.

7.2.d.8.2. A variance pursuant to 46 CSR 6, Section 5.1, based on human-caused conditions

which prohibit the full attainment of any designated use and cannot be immediately remedied, shall apply

to WV DEP Division of Land Restoration’s Office of Special Reclamation’s discharges into Martin Creek

of Preston County and its tributaries, including Glade Run, Fickey Run, and their unnamed tributaries.

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The following existing conditions will serve as instream interim criteria while this variance is in place: pH

range of 3.2-9.0, 10 mg/L total iron, and 15 mg/L dissolved aluminum. Alternative restoration measures,

as described in the variance application submitted by WV DEP Division of Land Restoration’s Office of

Special Reclamation, shall be used to achieve significant improvements to existing conditions in these

waters during the variance period. Conditions will be evaluated during each triennial review throughout

the variance period. This variance shall remain in effect until action by the Secretary to revise the

variance or until July 1, 2025, whichever comes first.

7.2.d.9. Blackwater River - (Reserved)

7.2.d.10. West Fork River - (Reserved)

7.2.d.11. Tygart River

7.2.d.11.1. A variance pursuant to 46 CSR 6, Section 5.1, based on human-caused

conditions which prohibit the full attainment of any designated use and cannot be immediately remedied,

shall apply to WV DEP Division of Land Restoration’s Office of Special Reclamation’s discharges into

Maple Run, Left Fork Little Sandy Creek, and their unnamed tributaries. The following existing

conditions will serve as instream interim criteria while this variance is in place: For Maple Run, pH range

of 3.3-9.0, 2 mg/L total iron, and 12 mg/L dissolved aluminum; for Left Fork Little Sandy Creek, pH

range of 2.5-9.0, 14 mg/L total iron, and 33 mg/L dissolved aluminum. Alternative restoration measures,

as described in the variance application submitted by WV DEP Division of Land Restoration’s Office of

Special Reclamation, shall be used to achieve significant improvements to existing conditions in these

waters during the variance period. Conditions will be evaluated and reported upon during each triennial

review throughout the variance period. This variance shall remain in effect until action by the Secretary to

revise the variance or until July 1, 2025, whichever comes first.

7.2.d.12. Buckhannon River - (Reserved)

7.2.d.13. Middle Fork River - (Reserved)

7.2.d.14. Youghiogheny River - (Reserved)

7.2.d.15. Ohio River Main Stem - (Reserved)

7.2.d.16. Ohio River Tributaries.

7.2.d.16.1. Site-specific numeric criteria shall apply to the stretch of Conners Run (0-77-

A), a tributary of Fish Creek, from its mouth to the discharge from Conner Run impoundment, which

shall not have the Water Use Category A and may contain selenium not to exceed 62 ug/1; and iron not to

exceed 3.5 mg/1 as a monthly average and 7 mg/1 as a daily maximum.

7.2.d.17. Little Kanawha River - (Reserved)

7.2.d.18. Hughes River - (Reserved)

7.2.d.19. Kanawha River Zone 1 - Main Stem

7.2.d.19.1. For the Kanawha River main stem, Zone 1, the minimum flow shall be 1,960

cfs at the Charleston gauge.

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7.2.d.19.2. Pursuant to 46 CSR 6, a Copper Water Effect Ratio (WER) of 5.62 shall be

applied to The Sanitary Board of the City of Charleston, West Virginia wastewater treatment plant

discharge of total recoverable copper to Kanawha River, Zone 1.

7.2.d.20. Kanawha River Zone 2 and Tributaries.

7.2.d.20.1. For the main stem of the Kanawha River only, the minimum flow shall be

1,896 cfs at mile point 72.

7.2.d.20.2. The stretch between the mouth of Little Scary Creek (K-31) and the Little

Scary impoundment shall not have Water Use Category A. The following site-specific numeric criteria

shall apply to that section: selenium not to exceed 62 ug/1 and copper not to exceed 105 ug/1 as a daily

maximum nor 49 ug/1 as a 4-day average.

7.2.d.21. Pocatalico River - (Reserved)

7.2.d.22. Coal River - (Reserved)

7.2.d.23. Elk River - (Reserved)

7.2.d.24. Gauley River - (Reserved)

7.2.d.25. Meadow River - (Reserved)

7.2.d.26. Cherry River - (Reserved)

7.2.d.27. Cranberry River - (Reserved)

7.2.d.28. Williams River - (Reserved)

7.2.d.29. New River

7.2.d.29.1. In Marr Branch, a tributary of the New River, a site-specific dissolved zinc

criteria defined by the equation CMC=CCC=e0.8541*ln(hardness)+1.151 x CF shall apply for both

chronic and acute exposures

7.2.d.30. Greenbrier River - (Reserved)

7.2.d.31. Bluestone River - (Reserved)

7.2.d.32. Bluestone Lake - (Reserved)

7.2.d.33. East River - (Reserved)

7.2.d.34. Guyandotte River

7.2.d.34.1. Pats Branch from its confluence with the Guyandotte River to a point 1000

feet upstream shall not have Water Use Category A and Category D1 designation.

7.2.d.35. Mud River - (Reserved)

7.2.d.36. Big Sandy River - (Reserved)

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7.2.d.37. Tug Fork River - (Reserved)

§47-2-8. Specific Water Quality Criteria.

8.1. Charts of specific water quality criteria are included in Appendix E, Table 1.

8.1.a. Specific state (i.e. total, total recoverable, dissolved, valence, etc.) of any parameter to be

analyzed shall follow 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants

Under the Clean Water Act, as amended, June 15, 1990 and March 26, 2007. (See also 47 C.S.R. 10,

section 7.3 - National Pollutant Discharge Elimination System (NPDES) Program.)

8.1.b. Compliance with aquatic life water quality criteria expressed as dissolved metal shall be

determined based on dissolved metals concentrations.

8.1.b.1. The aquatic life criteria for all metals listed in Appendix E, Table 2 shall be

converted to a dissolved concentration by multiplying each numerical value or criterion equation from

Appendix E, Table 1 by the appropriate conversion factor (CF) from Appendix E, Table 2.

8.1.b.2. Permit limits based on dissolved metal water quality criteria shall be prepared in

accordance with the U.S. EPA document "The Metals Translator: Guidance For Calculating A Total

Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007 June 1996.

8.1.b.3. NPDES permit applicants may petition the Secretary to develop a site-specific

translator consistent with the provisions in this section. The Secretary may, on a case-by-case basis

require an applicant applying for a translator to conduct appropriate sediment monitoring through

SEM/AVS ratio, bioassay or other approved methods to evaluate effluent limits that prevent toxicity to

aquatic life.

8.1.c. An "X" or numerical value in the use columns of Appendix E, Table 1 shall represent the

applicable criteria.

8.1.d. Charts of water quality criteria in Appendix E, Table 1 shall be applied in accordance with

major stream and use applications, sections 6 and 7, herein.

8.2. Criteria for Toxicants

8.2.a. Toxicants which are carcinogenic have human health criteria (Water Use Categories A and

C) based upon an estimated risk level of one additional cancer case per one million persons (10-6) and

are indicated in Appendix E, Table 1 with an endnote (b).

8.2.b. For waters other than the Ohio River between river mile points 68.0 and 70.0, a final

determination on the critical design flow for carcinogens is not made in this rule, in order to permit

further review and study of that issue. Following the conclusion of such review and study, the Legislature

may again take up the authorization of this rule for purposes of addressing the critical design flow for

carcinogens: Provided, That until such time as the review and study of the issue is concluded or until such

time as the Legislature may again take up the authorization of this rule, the regulatory requirements for

determining effluent limits for carcinogens shall remain as they were on the date this rule was proposed.

8.2.b.1. For the Ohio River between river mile points 68.0 and 70.0 the critical design flow

for determining effluent limits for carcinogens shall be harmonic mean flow.

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8.3. Criteria for Nutrients

8.3.a. Lakes

8.3.a.1. This subsection establishes nutrient criteria designed to protect Water Use Categories

B and C. The following cool water nutrient criteria shall apply to cool water lakes. (See Appendix F for a

representative list.) The following warm water nutrient criteria shall apply to all other lakes with a

summer residence time greater than 14 days.

8.3.a.2. Total phosphorus shall not exceed 40 µg/l for warm water lakes and 30 µg/l for cool

water lakes based on an average of four or more samples collected during the period May 1 to October 31.

Chlorophyll-a shall not exceed 20 µg/l for warm water lakes and 10 µg/l for cool water lakes based on an

average of four or more samples collected during the period May 1–October 31. In lieu of total

phosphorus and/or chlorophyll-a sampling, impairment may be evidenced at any time by noncompliance

with section 3.2, as determined by the Secretary.

8.4. Variances from Specific Water Quality Criteria. A variance from numeric criteria may be

granted to a discharger if it can be demonstrated that the conditions outlined in paragraphs 6.1.b.1 through

6.1.b.6, herein, limit the attainment of one or more specific water quality criteria. Variances shall apply

only to the discharger to whom they are granted and shall be reviewed by the Secretary at least every

three years. In granting a variance, the requirements for revision of water quality standards in 46 CSR 6

shall be followed.

8.5. Site-specific numeric criteria. The Secretary may establish numeric criteria different from those

set forth in Appendix E, Table 1 for a stream or stream segment upon a demonstration that existing

numeric criteria are either over-protective or under-protective of the aquatic life residing in the stream or

stream segment. A site-specific numeric criterion will be established only where the numeric criterion

will be fully protective of the aquatic life and the existing and designated uses in the stream or stream

segment. The site-specific numeric criterion may be established by conducting a Water Effect Ratio study

pursuant to the procedures outlined in US EPA’s "Interim Guidance on the Determination and Use of

Water-Effect Ratios for Metals" (February 1994); other methods may be used with prior approval by the

Secretary. In adopting site-specific numeric criteria, the requirements for revision of water quality

standards set forth in 46 CSR 6 shall be followed.

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§47-2-9. Establishment Of Safe Concentration Values.

When a specific water quality standard has not been established by these rules and there is a discharge

or proposed discharge into waters of the State, the use of which has been designated a Category B1, B2,

B3 or B4, such discharge may be regulated by the Secretary where necessary to protect State waters

through establishment of a safe concentration value as follows:

9.1. Establishment of a safe concentration value shall be based upon data obtained from relevant

aquatic field studies, standard bioassay test data which exists in substantial available scientific literature,

or data obtained from specific tests utilizing one (1) or more representative important species of aquatic

life designated on a case-by-case basis by the Secretary and conducted in a water environment which is

equal to or closely approximates that of the natural quality of the receiving waters.

9.2. In those cases where it has been determined that there is insufficient available data to establish a

safe concentration value for a pollutant, the safe concentration value shall be determined by applying the

appropriate application factor as set forth below to the 96-hour LC 50 value. Except where the Secretary

determines, based upon substantial available scientific data that an alternate application factor exists for a

pollutant, the following appropriate application factors shall be used in the determination of safe

concentration values:

9.2.a. Concentrations of pollutants or combinations of pollutants that are not persistent and not

cumulative shall not exceed 0.10 (1/10) of the 96-hour LC 50.

9.2.b. Concentrations of pollutants or combinations of pollutants that are persistent or cumulative

shall not exceed 0.01 (1/100) of the 96-hour LC 50.

9.3. Persons seeking issuance of a permit pursuant to these rules authorizing the discharge of a

pollutant for which a safe concentration value is to be established using special bioassay tests pursuant to

subsection 9.1 of this section shall perform such testing as approved by the Secretary and shall submit all

of the following in writing to the Secretary:

9.3.a. A plan proposing the bioassay testing to be performed.

9.3.b. Such periodic progress reports of the testing as may be required by the Secretary.

9.3.c. A report of the completed results of such testing including, but not limited to, all data

obtained during the course of testing, and all calculations made in the recording, collection, interpretation

and evaluation of such data.

9.4. Bioassay testing shall be conducted in accordance with methodologies outlined in the following

documents: U.S. EPA Office of Research and Development Series Publication, Methods for Measuring

the Acute Toxicity (EPA/600/4-90/027F, August 1993, 4th Edition) or Short Term Methods for

Estimating Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms (EPA/600/4-

89/001), March 1989; Standard Methods for the Examination of Water and Wastewater (18th Edition); or

ASTM Practice E 729-88 for Conducting Acute Toxicity Tests with Fishes, Macroinvertebrates and

Amphibians as published in Volume 11.04 of the 1988 Annual Book of ASTM Standards. Test waters

shall be reconstituted according to recommendations and methodologies specified in the previously cited

references or methodologies approved in writing by the Secretary.

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APPENDIX A

CATEGORY B-2 - TROUT WATERS This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section 2.19.

River Basin County Stream

James River

J Monroe South Fork Potts Creek

Potomac River

P Jefferson Town Run

P " Rocky Marsh Run

P Berkeley Opequon Creek

P " Tuscarora Creek (Above Martinsburg)

P " Middle Creek (Above Route 30 Bridge)

P " Mill Creek

P " Hartland Run

P " Mill Run

P " Tillance Creek

P Morgan Meadow Branch

PS Jefferson Flowing Springs Run (Above Halltown)

PS " Cattail Run

PS " Evitt's Run

PS " Big Bullskin Run

PS " Long Marsh Run

PC Hampshire Cold Stream

PC " Edwards Run and Impoundment

PC " Dillons Run

PC Hardy Lost River

PC " Camp Branch

PC " Lower Cove Run

PC " Moores Run

PC " North River (Above Rio)

PC " Waites Run

PC " Trout Run

PC " Trout Pond (Impoundment)

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PC " Warden Lake (Impoundment)

PC " Rock Cliff Lake (Impoundment)

PSB Hampshire Mill Creek

PSB " Mill Run

PSB Hardy Dumpling Creek

PSB Grant-Pendleton North Fork South Branch

PSB Grant North Fork Lunice Creek

PSB " South Fork Lunice Creek

PSB " South Mill Creek (Above Hiser)

PSB " Spring Run

PSB Pendleton Hawes Run (Impoundment)

PSB " Little Fork

PSB " South Branch (Above North Fork)

River Basin County Stream

Potomac River

PSB Pendleton Senena Creek

PSB " Laurel Fork

PSB " Big Run

PNB Mineral North Fork Patterson Creek

PNB " Fort Ashby (Impoundment)

PNB " New Creek

PNB " New Creek Dam 14 (Impoundment)

PNB " Mill Creek (Above Markwood)

Monongahela River

M Monongalia-Marion Whiteday Creek (Above Smithtown)

MC Monongalia Morgan Run

MC " Coopers Rock (Impoundment)

MC " Blaney Hollow

MC Preston Laurel Run

MC " Elsey Run

MC " Saltlick Creek

MC " Buffalo Creek

MC " Wolf Creek

MC Tucker Clover Run

MC " Elklick Run

MC " Horseshoe Run

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MC " Maxwell Run

MC " Red Creek

MC " Slip Hill Mill Branch

MC " Thomas Park (Impoundment)

MC " Blackwater River (Above Davis)

MC " Blackwater River (Below Davis)

MC Randolph Camp Five Run

MC " Dry Fork (Above Otter Creek)

MC " Glady Fork

MC " Laurel Fork

MC " Gandy Creek (Above Whitmer)

MC " East Fork Glady Fork (Above C & P Compressor

Station)

MC Randolph Shavers Fork (Above Little Black Fork)

MC " Three Spring Run

MC " Spruce Knob Lake (Impoundment)

MW Harrison Dog Run (Pond)

MW Lewis Stonecoal

MT Barbour Brushy Fork (Above Valley Furnace)

MT " Teter Creek Lake (Impoundment)

MT " Mill Run

MT Taylor-Barbour Tygart Lake Tailwaters (Above Route 119

Bridge)

MT Preston Roaring Creek (Above Little Lick Branch)

MT Randolph Tygart River (Above Huttonsville)

MT " Elkwater Fork

River Basin County Stream

Monongahela River

MT Randolph Big Run

MTB Upshur-Randolph-Lewis Right Fork Buckhannon River

MTB Upshur Buckhannon River (Above Beans Mill)

MTB Upshur French Creek

MTB Upshur-Randolph Left Fork Right Fork

MTN Upshur Right Fork Middle Fork River

MTM Randolph Middle Fork River (Above Cassity)

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MY Preston Rhine Creek

Little Kanawha River

LK Upshur Left Fork-Right Fork Little Kanawha River

LK Upshur-Lewis Little Kanawha River (Above Wildcat)

Kanawha River

KE Braxton Sutton Reservoir

KE " Sutton Lake Tailwaters (Above Route 38/5

Bridge)

KE Webster Back Fork

KE " Desert Fork

KE " Fall Run

KE " Laurel Fork

KE " Left Fork Holly River

KE " Sugar Creek

KE " Elk River (Above Webster Springs)

KC Raleigh Stephens Lake (Impoundment)

KC " Marsh Fork (Above Sundial)

KG Nicholas Summersville Reservoir (Impoundment)

KG " Summersville Tailwaters (Above Collison

Creek)

KG Nicholas Deer Creek

KG Randolph-Webster Gauley River (Above Moust Coal Tipple)

KG Fayette Glade Creek

KG Nicholas Hominy Creek

KG " Anglins Creek

KG Greenbrier Big Clear Creek

KG " Little Clear Creek and Laurel Run

KG " Meadow Creek

KG Fayette Wolf Creek

KG Nicholas Cherry River

KG Greenbrier-Nicholas Laurel Creek

KG " " North Fork Cherry River

KG Greenbrier Summit Lake (Impoundment)

KG Greenbrier-Nicholas South Fork Cherry River

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River Basin County Stream

Kanawha River

KGC Pocahontas-Webster- Cranberry River

Nicholas

KGC Pocahontas South Fork Cranberry River

KGW Pocahontas Tea Creek

KGW Pocahontas-Webster Williams River (Above Dyer)

KN Raleigh Glade Creek

KN Summers Meadow Creek

KN Fayette Mill Creek

KN " Laurel Creek (Above Cotton Hill)

KN Raleigh Pinch Creek

KN Monroe Rich Creek

KN " Turkey Creek

KN Fayette Dunloup Creek (Downstream from Harvey

Sewage Treatment Plant)

KN Mercer East River (Above Kelleysville)

KN " Pigeon Creek

KN Monroe Laurel Creek

KNG Monroe Kitchen Creek (Above Gap Mills)

KNG Greenbrier Culverson Creek

KNG " Milligan Creek

KNG Greenbrier-Monroe Second Creek (Rt. 219 Bridge to Nickell's Mill)

KNG Greenbrier North Fork Anthony Creek

KNG " Spring Creek

KNG " Anthony Creek (Above Big Draft)

KNG Pocahontas Watoga Lake

KNG " Beaver Creek

KNG " Knapp's Creek

KNG " Hills Creek

KNG " North Fork Deer Creek (Above Route 28/5)

KNG " Deer Creek

KNG " Sitlington Creek

KNG " Stoney Creek

KNG " Swago Creek

KNG " Buffalo Fork (Impoundment)

KNG " Seneca (Impoundment)

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KNG " Greenbrier River (Above Hosterman)

KNG " West Fork-Greenbrier River (Above the

impoundment at the tannery)

KNG " Little River-East Fork

KNG " Little River-West Fork

KNG " Five Mile Run

KNG " Mullenax Run

KNG " Abes Run

KNB Mercer Marsh Fork

KNB " Camp Creek

OG Wyoming Pinnacle creek

BST McDowell Dry Fork (Above Canebrake)

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APPENDIX B

This list contains known waters used as public water supplies and is not intended to exclude any waters as described in Section 6.2, herein.

River Basin County Operating Company Source

Shenandoah River

S Jefferson Charlestown Water Shenandoah River

Potomac River

P Jefferson 3-M Company Turkey Run

P " Shepherdstown Water Potomac River

P " Harpers Ferry Water Elk Run

P Berkeley DuPont Potomac River Potomac River

Works

P " Berkeley County PSD Le Feure Spring

P Opequon PSD Quarry Spring

P " Hedgesville PSD Speck Spring

P Morgan Paw Paw Water Potomac River

PSB Hampshire Romney Water South Branch Potomac River

PSB " Peterkin Conference Mill Run

Center

PSB Hardy Moorefield Municipal South Fork River

Water

PSB Pendleton U.S. Naval Radio Sta. South Fork River

PSB " Circleville Water Inc. North Fork of South Branch,

Potomac River

PSB Grant Mountain Top PSD Mill Creek, Impoundment

PSB " Petersburg Municipal South Branch, Potomac

Water River

PNB Grant Island Creek Coal Impoundment

PNB Mineral Piedmont Municipal Savage River, Maryland

Water

PNB " Keyser Water New Creek

PNB " Fort Ashby PSD Lake

Monongahela River

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M Monongalia Morgantown Water Comm. Colburn Creek & Monongahela

River

M " Morgantown Ordinance Monongahela River

Works

M Preston Preston County PSD Deckers Creek

M Monongalia Blacksville # 1 Mine Impoundment

M " Loveridge Mine Impoundment

M " Consolidation Coal Co. Impoundment

M Preston Mason Town Water Block Run

MC Preston Fibair Inc. Impoundment

MC Monongalia Cheat Neck PSD Cheat Lake

MC " Lakeview County Club Cheat Lake-Lake Lynn

River Basin County Operating Company Source

Monongahela River

MC Monongalia Union Districk PSD Cheat Lake-Lake Lynn

MC " Cooper's Rock State Park Impoundment

MC Preston Kingwood Water Cheat River

MC Preston Hopemount State Hosp. Snowy Creek

MC " Rowlesburg Water Keyser Run & Cheat River

MC " Albright Cheat River

MC Tucker Parsons Water Shavers & Elk Lick Fork

MC " Thomas Municipal Thomas Reservoir

MC " Hamrick PSD Dry Fork

MC " Douglas Water System Long Run

MC " Davis Water Blackwater River

MC " Hambleton Water System Roaring Creek

MC " Canaan Valley State Blackwater River Park

MC Pocahontas Cheat Mt. Sewer Shavers Lake

MC " Snowshoe Co. Water Shavers Fork

MC Randolph Womelsdorf Water Yokum Run

MW Harrison Lumberport Water Jones Run

MW " Clarksburg Water Bd. West Fork River

MW " Bridgeport Mun. Water Deecons & Hinkle Creek

MW " Salem Water Board Dog Run

MW " West Milford Water West Fork River

MW Lewis W.V. Water-Weston West Fork River

District

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MW " Jackson's Mill Camp Impoundment

MW " West Fork River PSD West Fork River

MW " Kennedy Compresssor West Fork River

Station

MW " Jane Lew Water Comm. Hackers Creek

MW Harrison Bel-Meadow Country Lake

Club

MW " Harrison Power Station West Fork River

MW " Oakdale Portal Impoundment

MW " Robinson Port Impoundment

MT Marion Fairmont Water Comm. Tygart River

MT " Mannington Water Impoundment

MT " Monongah Water Works Tygart River

MT " Eastern Assoc. Coal Corp Impoundment

MT " Four States Water Impoundment

MT Harrison Shinnston Water Dept. Tygart River

MT Taylor Grafton Water Tygart River-Lake

MT Barbour Phillippi Water Tygart River

MT " Bethlehem Mines Corp. Impoundment

MT " Belington Water Works Tygart River & Mill Run Lake

MT Randolph Elkins Municipal Water Tygart River

MT " Beverly Water Tygart River

MT " Valley Water Tygart River

MT " Huttonsville Medium Tygart River

Security Prison

MT " Mill Creek Water Mill Creek

MTB Upshur Buckhannon Water Board Buckhannon River

River Basin County Operating Company Source

Ohio River

O Zone 1 Hancock Chester Water & Sewer Ohio River

O " Brooke City of Weirton Ohio River

O Zone 1 Brooke Weirton Steel Division Ohio River

O " Ohio Wheeling Water Ohio River

O " Tyler Sistersville Mun. Water Ohio River

O " Pleasants Pleasants Power Station Ohio River

O " Cabell Huntington Water Corp. Ohio River

O " Marshall Mobay Chemical Co. Ohio River

O " Wood E. I. DuPont Ohio River

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O Zone 2 Marshall Meron Water Glass House Hollow

O " " New Urindahana Water Wheeling Creek System

O " Wetzel Pine Grove Water North Fork, Fishing Creek

O " Marshall Consolidated Coal Co. Impoundment

O " Tyler Middlebourne Water Middle Island Creek

O " Doddridge West Union Mun. Water Middle Island Creek

O " Mason Hidden Valley Country Lake/Impoundment

O " Jackson Ripley Water Mill Creek

O " Wayne Wayne Municipal Water Twelve Pole Creek

O " " East Lynn Lake East Lynn Lake

O " " Monterey Coal Co. Impoundment

Little Kanawha

LK Wood Claywood Park PSD Little Kanawha River

LK Calhoun Grantsville Mun. Water Little Kanawha River

LK Gilmer Glenville Utility Little Kanawha River

LK " Consolidated Gas Steer Creek

Compressor

LK Braxton Burnsville Water Works Little Kanawha River

LK Roane Spencer Water Spring Creek Mile Tree Reservoir

LK Wirt Elizabeth Water Little Kanawha River

LKH Ritchie Cairo Water North Fork Hughes River

LKH " Harrisville Water North Fork Hughes River

LKH " Pennsboro Water North Fork Hughes River

Kanawha River

K Putnam Buffalo Water Cross Creek

K " Winfield Water Poplar Fork & Crooked Creek

K " South Putnam PSD Poplar Fork & Crooked Creek

K Kanawha Cedar Grove Water Kanawha River

K " Pratt Water Kanawha River

K Fayette Armstrong PSD PO-K1-CO-EL Kanawha River & Gum Hollow

K " Kanawha Water Co.- Unnamed Tributary Kanawha

Beards Fork

K Kanawha Midland Trail School Impoundment

K " Cedar Coal Co. Impoundment

K Fayette Elkem Metals Co. Kanawha River

K Fayette Deepwater PSD Kanawha River

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River Basin County Operating Company Source

Kanawha River

K Fayette Kanawha Falls PSD Kanawha River

K " W.V. Water-Montgomery Kanawha River

Pocatalico River

KP Kanawha Sissonville PSD Pocatalico River

KP Roane Walton PSD Silcott Fork Dam

Coal River

KC Kanawha St. Albans Water Coal River

KC " Washington PSD Coal River

KC Lincoln Lincoln PSD Coal River

KC Boone Coal River PSD Coal River

KC " Whitesville PSD Coal River

KC Raleigh Armco Mine 10 Marsh Fork

KC " Armco Steel-Montc. Coal River

Stickney

KC Raleigh Peabody Coal Coal River

KC " Stephens Lake Park Lake Stephens

KC Boone W.V. Water-Madison Dist. Little Coal River

KC " Van PSD Pond Fork

KC Raleigh Consol. Coal Co. Workmans Creek

KC Boone Water Ways Park Coal River

Elk River

KE Kanawha Clendenin Water Elk River

KE " W.V. Water-Kanawha Elk River

Valley District

KE Kanawha Pinch PSD Elk River

KE Clay Clay Waterworks Elk River

KE " Procious PSD Elk River

KE Braxton Flatwoods-Canoe Run PSD Elk River

KE " Sugar Creek PSD Elk River

KE " W.V. Water-Gassaway Dist. Elk River

KE " W.V. Water-Sutton Dist. Elk River

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KE Webster W.V. Water-Webster Springs Elk River

KE Holly River State Park Holly River

Gauley River

KG Nicholas Craigsville PSD Gauley River

KG " Summersville Water Impoundment/ Muddlety Creek

KG " Nettie-Leivasy PSD Jim Branch

KG Webster Cowen PSD Gauley River

KG Nicholas Wilderness PSD Anglins Creek & Meadow River

KG " Richwood Water North Fork Cherry River

KN Fayette Ames Heights Water Mill Creek

KN " Mt. Hope Water Impounded Mine (Surface)

KN Fayette Ansted Municipal Water Mill Creek

River Basin County Operating Company Source

New River

KN Fayette Fayette Co. Park Impoundment

KN " New River Gorge Campground Impoundment

KN " Fayetteville Water Wolfe Creek

KN Raleigh Beckley Water Glade Creek

KN " Westmoreland Coal Co. Farley Branch

Bluestone River

KNB Summers Jumping Branch-Nimitz Mt. Valley Lake

KNB " Bluestone Conf. Center Bluestone Lake

KNB " Pipestem State Park Impoundment

KNB Mercer Town of Athens Impoundment

KNB " Bluewell PSD Impoundment

KNB " Bramwell Water Impoundment

KNB " Green Valley-Glenwood PSD Bailey Reservoir

KNB " Kelly's Tank Spring

KNB " W.V. Water Princeton Impoundment/ Brusch Creek

KNB " Lashmeet PSD Impoundment

KNB " Pinnacle Water Assoc. Mine

KNB " W.V. Water Bluefield Impoundment

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Greenbrier River

KNG Summers W.V. Water Hinton Greenbrier River & New River

KNG " Big Bend PSD Greenbrier River

KNG Greenbrier Alderson Water Dept. Greenbrier River

KNG " Ronceverte Water Greenbrier River

KNG " Lewisburg Water Greenbrier River

KNG Pocahontas Denmar State Hospital Greenbrier River

Water

KNG " City of Marlinton Water Knapp Creek

KNG " Cass Scenic Railroad Leatherbark Creek

KNG " Upper Greenbrier PSD Greenbrier River

KNG " The Hermitage Greenbrier River

Guyandotte River

OG Cabell Salt Rock PSD Guyandotte River

OG Lincoln West Hamlin Water Guyandotte River

OG Logan Logan Water Board Guyandotte River

OG " Man Water Works Guyandotte River

OG " Buffalo Creek PSD Buffalo Creek/ Mine/Wells

OG Logan Chapmanville Guyandotte River

OG " Logan PSD Whitman Creek/ Guyandotte River

OG Mingo Gilbert Water Guyandotte River

OG Wyoming Oceana Water Laurel Fork

OG " Glen Rogers PSD Impoundment

OG Wyoming Pineville Water Pinnacle Creek

OG Raleigh Raleigh Co. PSD-Amigo Tommy Creek

OMG Cabell Milton Water Works Guyandotte River

OMG " Culloden PSD Indian Fork Creek

River Basin County Operating Company Source

Guyandotte River

OMG Putnam Hurricane Municipal Water Impoundment

OMG Putnam Lake Washington PSD Lake Washington

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32

Big Sandy River

BS Wayne Kenova Municipal Water Big Sandy River

BS " Fort Gay Water Tug Fork

BST Mingo Kermit Water Tug Fork

BST " Matewan Water Tug Fork

BST " A & H Coal Co., Inc. Impoundment

BST " Williamson Water Impoundment

BST McDowell City of Welch Impoundment/Wells

BST " City of Gary Impoundment/Mine

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33

APPENDIX C

CATEGORY E-3 - POWER PRODUCTION

This list contains known power production facilities and is not intended to exclude any waters as described in Section 6.6.c, herein.

River Basin County Station Name Operating Company

Monongahela River

M Monongalia Fort Martin Power Station Monongahela Power

M Marion Rivesville Station Monongahela Power

MC Preston Albright Station Monongahela Power

Potomac Grant Mt. Storm Power Station Virginia Electric & Power Company

Ohio River

O - Zone 1 Wetzel Hannibal (Hydro) Ohio Power

O " " Marshall Kammer Ohio Power

O " " " Mitchell Ohio Power

O " " Pleasants Pleasants Station Monongahela Power

O " " " Willow Island Station Monongahela Power

O " " Mason Phillip Sporn Plant Central Operating (AEP)

O " " " Racine (Hydro) Ohio Power

O " " " Mountaineer Appalachian Power Co.

K Putnam Winfield (Hydro) Appalachian Power Co.

K Kanawha Marmet (Hydro) Appalachian Power Co.

K " London (Hydro) Appalachian Power Co.

K " Kanawha River Appalachian Power Co.

K " John E. Amos Appalachian Power Co.

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34

APPENDIX D

CATEGORY C - WATER CONTACT RECREATION

This list contains waters known to be used for water contact recreation and is not intended to exclude any waters as described in section 6.4, herein.

River Basin Stream Code Stream County

Shenandoah S Shenandoah River Jefferson

Potomac P Potomac River Jefferson

P " " Hampshire

P " " Berkeley

P " " Morgan

P-9 Sleepy Creek & Berkeley

Meadow Branch

P-9-G-1 North Fork of Morgan

Indian Run

South Branch PSB South Branch of Hampshire

Potomac River

PSB " " Hardy

PSB " " Grant

PSB-21-X Hawes Run Pendleton

PSB-25-C-2 Spring Run Grant

PSB-28 North Fork South Branch Grant

Potomac River

North Branch PNB North Branch of Mineral

Potomac River

PNB-4-EE North Fork Grant

Patterson Creek

PNB-7-H Linton Creek Grant

PNB-17 Stoney River-Mt. Storm Grant

Lake

PC Cacapon River Hampshire

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Monongalia

Cheat MC Cheat Lake/Cheat river Monongalia/Preston

MC Alpine Lake Preston

MC-6 Coopers Rock Lake/ Monongalia

Quarry Run

MC-12 Big Sandy Creek Preston

MSC Shavers Fork Randolph

MTN Middle Fork River Barbour/Randolph/ Upshur

MW West Fork River Harrison

MW-18 Stonecoal Creek/ Lewis

Stonecoal Lake

River Basin Stream Code Stream County

Ohio O Ohio River Brooke/Cabell/

Hancock/Jackson/

Marshall/Mason/Ohio/

Pleasants/Tyler/

Wayne/Wood/Wetzel

O-2-H Beech Fork of Wayne

Twelvepole Creek/Beech

Fork Lake

O-2-Q East Fork of Wayne

Twelvepole Creek/East

Lynn Lake

O-3 Fourpole Creek Cabell

O-21 Old Town Creek/ Mason

McClintic Ponds

OMI Middle Island Creek/ Doddridge

Crystal Lake

OG Guyandotte River Cabell

OG Guyandotte River/ Wyoming

R. D. Bailey Lake

OGM Mud River Cabell

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Little Kanawha LK Little Kanawha River/ Braxton

Burnsville Lake

Kanawha K Kanawha River Fayette/Kanawha/

Mason/Putnam

K-1 Unnamed Tributary Mason

Krodel Lake

KC Coal River Kanawha

KC-45-Q Stephens Branch/ Raleigh

Lake Stephens

KE Elk River Kanawha/Clay/

Braxton/Webster/ Randolph

KE Sutton Lake Braxton

KN New River Fayette/Raleigh/

Summers

KN-26-F Little Beaver Creek Raleigh

KNG Greenbrier River Greenbrier/

Pocahontas/Summers

KNG-23-E-1 Little Devil Creek/ Monroe

Moncove Lake

KNG-28 Anthony Creek Greenbrier

KNG-28-P Meadow Creek/ Greenbrier

Lake Sherwood

River Basin Stream Code Stream County

KNB Bluestone River/ Summers

Bluestone Lake

KG Gauley River Webster

Kanawha KG Gauley River/ Nicholas

Summersville Lake

KGW Williams River Webster

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APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

37

8.1 Dissolved Aluminum (ug/l)

For water with pH <6.5 or >9.0 750xCF5 750xCF5 750xCF5 87xCF5

8.1.1 Dissolved Aluminum (ug/l)

For water with pH ≥ 6.5 and ≤ 9.0, the four-day

average concentration of dissolved aluminum

determined by the following equatione:

Al = e(1.3695[ln(hardness)]+0.9121) x CF5

X X

8.1.2 Dissolved Aluminum (ug/l)

For water with pH ≥ 6.5 and ≤ 9.0, the one-hour

average concentration of dissolved aluminum

determined by the following equatione:

Al = e(1.3695[ln(hardness)]+1.8268) x CF5

X X

8.2. Acute and chronic aquatic life criteria for

ammonia shall be determined using the National

Criterion for Ammonia in Fresh Waterd from

USEPA’s 1999 Update of Ambient Water Quality

Criteria for Ammonia (EPA-822-R-99-014,

December 1999)

X X X X

8.3 Antimony (ug/l)

4300 14

8.4 Arsenic (ug/l)

10

10

100

8.4.1 Dissolved Trivalent Arsenic (ug/l)

340

150

340

150

l~ I I l~ I I l~ I I

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APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

38

8.5 Barium (mg/l)

1.0

8.6 Beryllium (ug/l) 130 130 4.0

8.7 Cadmium (ug/l)

Hardness Soluble Cd

(mg/l CaCO3)

0 - 35 1.0

36 - 75 2.0

76 - 150 5.0

> 150 10.0

X

8.7.1 10 ug/l in the Ohio River (O Zone 1) main

stem (see section 7.1.d, herein) X

8.7.2 The four-day average concentration of

dissolved cadmium determined by the following

equation:

Cd = e(0.7409[ln(hardness)]-4.719) x CF5

X X

8.7.3 The one-hour average concentration of

dissolved cadmium determined by the following

equation:

Cd = e(1.0166[ln(hardness)]-3.924) x CF5

X X

8.8 Chloride (mg/l) 860 230 860 230 250 250

8.9.1 Chromium, dissolved hexavalent (ug/l): 16 11 16 7.2 50

8.9.2 Chromium, trivalent (ug/l) The one-hour

average concentration of dissolved trivalent

chromium determined by the following equation:

CrIII = e(0.8190[ln(hardness)]+3.7256) x CF5

X X

I I I

D I I

I I I

~

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APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

39

8.9.3 The four-day average concentration of

dissolved trivalent chromium determined by the

following concentration:

CrIII = e(0.8190[ln(hardness)]+0.6848) x CF5

X X

8.10 Copper (ug/l) 1000

8.10.1 The four-day average concentration of

dissolved copper determined by the following

equationa:

Cu = e(0.8545[ln(hardness)]-1.702) x CF5

X X

8.10.2 The one-hour average concentration of

dissolved copper determined by the following

equationa:

Cu = e(0.9422[ln(hardness)]-1.700) x CF5

X X

8.11 Cyanide (ug/l)

(As free cyanide HCN+CN-)

22 5.0 22 5.0 5.0 5.0

8.12 Dissolved Oxygenc: not less than 5 mg/l at

any time. X X X X

8.12.1 Ohio River main stem - the average

concentration shall not be less than 5.0 mg/l per

calendar day and shall not be less than 4.0 mg/l at

any time or place outside any established mixing

zone - provided that a minimum of 5.0 mg/l at any

time is maintained during the April 15-June 15

spawning season.

X

8.12.2 Not less than 7.0 mg/l in spawning areas

and in no case less than 6.0 mg/l at any time. X

tt I

-

er -

D I

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

40

8.13 Fecal Coliform:

Maximum allowable level of fecal coliform

content for Water Contact Recreation (either MPN

or MF) shall not exceed 200/100 ml as a monthly

geometric mean based on not less than 5 samples

per month; nor to exceed

400 /100 ml in more than ten percent of all

samples taken during the month.

X X

8.13.1 Ohio River main stem (zone 1) - During

the non-recreational season (November through

April only) the maximum allowable level of fecal

coliform for the Ohio River (either MPN or MF)

shall not exceed 2000/100 ml as a monthly

geometric mean based on not less than 5 samples

per month.

X X

8.14 Fluoride (mg/l)

1.4

8.14.1 Not to exceed 2.0 for category D1 uses. X

8.15 Ironc (mg/l) 1.5 1.0 1.5

8.16 Lead (ug/l) 50

8.16.1 The four-day average concentration of

dissolved lead determined by the following

equationa:

Pb = e(1.273[ln(hardness)]-4.705)x CF5

X X

8.16.2 The one-hour average concentration of

dissolved lead determined by the following

equationa:

Pb = e(1.273[ln(hardness)]-1.46) x CF5

X X

I I

-

I I

- -

_C - -

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

41

8.17 Manganese (mg/l) ( see §6.2.d) 1.0

8.18 Mercury

The total organism body burden of any aquatic

species shall not exceed 0.5 ug/g as

methylmercury.

0.5 0.5

8.18.1 Total mercury in any unfiltered water

sample (ug/l): 2.4

2.4

0.15 0.14

8.18.2 Methylmercury (water column) (ug/l): .012 .012

Nickel (ug/l)

4600 510

8.19.1 The four-day average concentration of

dissolved nickel determined by the following

equationa:

Ni = e(0.846[ln(hardness)]+0.0584) x CF5

X X

8.19.2 The one-hour average concentration of

dissolved nickel determined by the following

equationa:

Ni = e(0.846[ln(hardness)]+2.255) x CF5

X

X

8.20 Nitrate (as Nitrate-N) (mg/l) 10

8.21 Nitrite (as Nitrite-N) (mg/l)

1.0 .060

8.22 Nutrients

Chlorophyll –a (µg/l) (see §47-2-8.3)

Total Phosphorus (µg/l) (see §47-2-8.3)

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

42

8.23 Organics

Chlordaneb (ng/l) 2400 4.3 2400 4.3 0.46 0.46 0.46

DDTb (ng/l) 1100 1.0 1100 1.0 0.024 0.024 0.024

Aldrinb (ng/l) 3.0 3.0 0.071 0.071 0.071

Dieldrinb (ng/l) 2500 1.9 2500 1.9 0.071 0.071 0.071

Endrin (ng/l) 180 2.3 180 2.3 2.3 2.3 2.3

Toxapheneb (ng/l) 730 0.2 730 0.2 0.73 0.73 0.73

PCBb (ng/l) 14.0 14.0 0.045 0.044 0.045

Methoxychlor (ug/l) 0.03 0.03 0.03 0.03 0.03

Dioxin (2,3,7,8- TCDD)b (pg/l) 0.014 0.013 0.014

Acrylonitrileb (ug/l) 0.66 0.059

Benzeneb (ug/l) 51 0.66

1,2-dichlorobenzene (mg/l) 17 2.7

1,3-dichlorobenzene (mg/l) 2.6 0.4

1,4-dichlorobenzene (mg/l) 2.6 0.4

2,4-dinitrotolueneb (ug/l) 9.1 0.11

Hexachlorobenzeneb (ng/l) 0.77 0.72

Carbon tetrachlorideb (ug/l) 4.4 0.25

Chloroformb (ug/l) 470 5.7

Bromoformb (ug/l) 140 4.3

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

43

Dichlorobromomethaneb (ug/l) 17 0.55

Methyl Bromide (ug/l) 1500 47

Methylene Chlorideb (ug/l) 590 4.6

1,2-dichloroethaneb (ug/l) 99 0.035

1,1,1- trichloroethaneb (mg/l) 12

1,1,2,2-tetrachloroethane (ug/l) 11 0.17

1,1-dichloroethyleneb (ug/l) 3.2 0.03

Trichloroethyleneb (ug/l) 81 2.7

Tetrachloroethyleneb (ug/l) 8.85 0.8

Tolueneb (mg/l) 200 6.8

Acenaphthene (ug/l) 990 670

Anthracene (ug/l) 40,000 8,300

Benzo(a) Anthraceneb (ug/l) 0.018 0.0038

Benzo(a) Pyreneb (ug/l) 0.018 0.0038

Benzo(b) Fluorantheneb (ug/l) 0.018 0.0038

Benzo(k) Fluorantheneb (ug/l) 0.018 0.0038

Chryseneb (ug/l) 0.018 0.0038

Dibenzo(a,h)Anthraceneb (ug/l) 0.018 0.0038

Fluorene (ug/l) 5300 1100

Indeno(1,2,3-cd)Pyreneb (ug/l) 0.018 0.0038

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

44

Pyrene (ug/l) 4000 830

2-Chloronaphthalene (ug/l) 1600 1000

Phthalate esters6 (ug/l) 3.0 3.0

Vinyl chlorideb (chloroethene) (ug/l) 525 2.0

alpa-BHC (alpha- Hexachloro-

cyclohexane)b (ug/l) 0.013 .0039

beta-BHC(beta- Hexachloro-

cyclohexane)b (ug/l) 0.046 0.014

gamma-BHC (gamma- Hexachloro-

cyclohexane)b (ug/l) 2.0 0.08 2.0 0.08 0.063 0.019

Chlorobenzene (mg/l) 21 0.68

Ethylbenzene (mg/l) 29 3.1

Heptachlorb (ng/l) 520 3.8 520 3.8 0.21 0.21

2-methyl-4,6-Dinitrophenol (ug/l) 765 13.4

Fluoranthene (ug/l) 370 300

8.23.1

When the specified criteria for organic chemicals

listed in §8.23 are less than the practical laboratory

quantification level, instream values will be

calculated from discharge concentrations and flow

rates, where applicable.

8.24 pHc

No values below 6.0 nor above 9.0. Higher values

due to photosynthetic activity may be tolerated.

X X X X X X X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

45

8.25 Phenolic Materials

8.25.1 Phenol (ug/l) 4,600,000 21,000

8.25.2 2-Chlorophenol (ug/l) 400 120

8.25.3 2,4-Dichlorophenol (ug/l) 790 93

8.25.4 2,4-Dimethylphenol (ug/l) 2300 540

8.25.5 2,4-Dinitrophenol (ug/l) 14,000 70

8.25.6 Pentachlorophenolb (ug/l) 8.2 0.28

8.25.6.a The one-hour average concentration of

pentachlorophenol determined by the following

equation: exp(1.005(pH)-4.869)

X X

8.25.6.b The 4-day average concentration of

pentachlorophenol determined by the following

equation:

exp(1.005(pH)-5.134).

X X

8.25.7 2,4,6-Trichlorophenolb (ug/l) 6.5 2.1

8.26 Radioactivity:

Gross Beta activity not to exceed 1000 picocuries

per liter (pCi/l), nor shall activity from dissolved

strontium-90 exceed 10 pCi/l, nor shall activity

from dissolved alpha emitters exceed 3 pCi/l.

X X X X X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

46

8.26.1

Gross total alpha particle activity (including

radium-226 but excluding radon and uranium shall

not exceed 15 pCi/l and combined radium-226 and

radium-228 shall not exceed 5pCi/l; provided that

the specific determination of radium-226 and

radium-228 are not required if dissolved particle

activity does not exceed 5pCi/l; the concentration

of tritium shall not exceed 20,000 pCi/l; the

concentration of total strontium-90 shall not

exceed 8 pCi/l in the Ohio River main stem.

X X X X X

8.27 Selenium (ug/l) Water Column

Concentration f

5 5 50

8.27.1 Selenium (ug/g) g

(based on instantaneous

measurement)

8.0 ug/g Fish Whole-Body Concentration

or

11.3 ug/g Fish Muscle (skinless, boneless filet)

X X

8.27.2 Selenium (ug/g) Fish Egg/Ovary

Concentration h

(based on instantaneous

measurement)

15.8 15.8

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

47

8.28 Silver (ug/l)

Hardness Silver

0-50 1

51-100 4

101-200 12

>201 24

X X

8.28.1

0-50 1

51-100 4

101-200 12

201-400 24

401-500 30

501-600 43

X

8.28.2 The one-hour average concentration of

dissolved silver determined by the following

equation:

Ag=e(1.72[ln(hardness)]-6.59) x CF5

X X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

48

8.29 Temperature

Temperature rise shall be limited to no more than

5oF above natural temperature, not to exceed 87oF

at any time during months of May through

November and not to exceed 73oF at any time

during the months of December through April.

During any month of the year, heat should not be

added to a stream in excess of the amount that will

raise the temperature of the water more than 5oF

above natural temperature. In lakes and reservoirs,

the temperature of the epilimnion should not be

raised more than 3oF by the addition of heat of

artificial origin. The normal daily and seasonable

temperature fluctuations that existed before the

addition of heat due to other natural causes should

be maintained.

X

8.29.1 For the Kanawha River Main Stem (K-1):

Temperature rise shall be limited to no more than

5oF above natural temperature, not to exceed 90oF

in any case.

X

8.29.2 No heated effluents will be discharged in

the vicinity of spawning areas. The maximum

temperatures for cold waters are expressed in the

following table:

Daily Hourly

Mean oF Max oF

Oct-Apr 50 55

Sep-&May 58 62

Jun-Aug 66 70

X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

49

8.29.3 For Ohio River Main Stem (01) (see section

7.1.d, herein):

Period Inst.

Dates Ave. Max.

Jan 1-31 45oF 50oF

February 45 50

March 1-15 51 56

March 16-31 54 59

April 1-15 58 64

April 16-30 64 69

May 1-15 68 73

May 16-31 75 80

June 1-15 80 85

June 16-30 83 87

July 1-31 84 89

August 1-31 84 89

Sept 1-15 84 87

Sept 16-30 82 86

Oct 1-15 77 82

Oct 16-31 72 77

Nov 1-30 67 72

Dec 1-31 52 57

X

8.30 Thallium (ug/l) 6.3 1.7

8.31 Threshold odorc

Not to exceed a threshold odor number of 8 at

104oF as a daily average.

X

X X X

8.32 Total Residual Chlorine (ug/l - measured by

amperometric or equivalent method) 19 11

8.32.1 No chlorinated discharge allowed X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

50

8.33 Turbidity

No point or non-point source to West Virginia's

waters shall contribute a net load of suspended

matter such that the turbidity exceeds 10 NTU's

over background turbidity when the background is

50 NTU or less, or have more than a 10% increase

in turbidity (plus 10 NTU minimum) when the

background turbidity is more than 50 NTUs. This

limitation shall apply to all earth disturbance

activities and shall be determined by measuring

stream quality directly above and below the area

where drainage from such activity enters the

affected stream. Any earth disturbing activity

continuously or intermittently carried on by the

same or associated persons on the same stream or

tributary segment shall be allowed a single net

loading increase.

X X X X

8.33.1 This rule shall not apply to those activities

at which Best Management Practices in

accordance with the State's adopted 208 Water

Quality Management Plan are being utilized,

maintained and completed on a site-specific basis

as determined by the appropriate 208 cooperative

or an approved Federal or State Surface Mining

Permit is in effect. This exemption shall not apply

to Trout Waters.

X X X

8.34 Zinc (ug/l)

The four-day average concentration of dissolved

zinc determined by the following equationa:

Zn = e(0.8473[ln(hardness)]+0.884) x CF5

X X

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47CSR2

APPENDIX E, TABLE 1

PARAMETER

USE DESIGNATION

AQUATIC LIFE HUMAN HEALTH

ALL OTHER

USES B1, B4 B2 C³ A4

ACUTE1 CHRON2 ACUTE1 CHRON2

51

8.34.1 The one-hour average concentration of

dissolved zinc determined by the following

equationa:

Zn = e(0.8473[ln(hardness)]+0.884) x CF5

X X

1 One hour average concentration not to be exceeded more than once every three years on the average, unless otherwise noted. 2 Four-day average concentration not to be exceeded more than once every three years on the average, unless otherwise noted. 3 These criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted. Concentration not to be exceeded,

unless otherwise noted. 4 These criteria have been calculated to protect human health from toxic and/or organoleptic effects through drinking water and fish consumption, unless otherwise

noted. Concentration not to be exceeded, unless otherwise noted. 5 The appropriate Conversion Factor (CF) is a value used as a multiplier to derive the dissolved aquatic life criterion is found in Appendix E, Table 2. 6 Phthalate esters are determined by the summation of the concentrations of Butylbenzyl Phthalate, Diethyl Phthalate, Dimethyl Phthalate, Di-n-Butyl Phthalate and Di-

n-Octyl Phthalate. a Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in this equation shall not be less than 25 mg/l, even if the actual ambient hardness is

less than 25 mg/l. The maximum hardness value for use in this equation shall not exceed 400 mg/l even if the actual hardness is greater than 400 mg/l. b Known or suspected carcinogen. Human health standards are for a risk level of 10-6. c May not be applicable to wetlands (B4) - site-specific criteria are desirable. d The early life stage equation in the National Criterion shall be used to establish chronic criteria throughout the state unless the applicant demonstrates that no early life

stages of fish occur in the affected water(s). e Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in this equation shall not be less than 26 mg/l, even if the actual ambient hardness is less

than 26 mg/l. The maximum hardness value for use in this equation shall not exceed 200 mg/l even if the actual hardness is greater than 200 mg/l. f Water column values take precedence over fish tissue values when new inputs of selenium occur in waters previously unimpacted by selenium, until equilibrium is

reached between the water column and fish tissue. g Overrides any water column concentration when water concentrations and either fish whole body or fish muscle (skinless, boneless filet)

are measured, except in

situations described in footnote f

h Overrides any fish whole-body, fish muscle (skinless, boneless filet), or water column concentration when fish egg/ovary concentrations are measured, except in

situations described in footnote f

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52

APPENDIX E

TABLE 2

Conversion Factors

Metal Acute Chronic

Aluminum 1.000 1.000

Arsenic (III) 1.000 1.000

Cadmium 1.136672-[(ln hardness)(0.041838)] 1.101672-[(ln hardness)(0.041838)]

Chromium (III) 0.316 0.860

Chromium(VI) 0.982 0.962

Copper 0.960 0.960

Lead 1.46203-[(ln hardness)(0.145712)] 1.46203-[(ln hardness)(0.145712)]

Nickel 0.998 0.997

Silver 0.85 N/A

Zinc 0.978 0.986

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53

APPENDIX F

COOL WATER LAKES

This list contains lakes to be managed for cool water fisheries and is not intended to exclude any waters which meet the definition in

Section 2.2.

River Basin County Lake

Potomac River

PC Hardy Lost River Trout Pond (Impoundment)

PC Hardy Lost River Rock Cliff Lake (Impoundment)

PSB Pendleton Hawes Run (Impoundment)

PNB Mineral New Creek Dam 14(Impoundment)

Monongahela River

MC Monongalia Coopers Rock (Impoundment)

MC Monongalia Cheat Lake

MC Tucker Thomas Park (Impoundment)

MC Randolph Spruce Knob Lake (Impoundment)

MT Taylor Tygart Lake

MW Lewis Stonecoal Lake

Kanawha River

KC Raleigh Stephens Lake (Impoundment)

KG Nicholas Summersville Reservoir (Impoundment)

KG Greenbrier Summit Lake (Impoundment)

KNG Pocahontas Watoga Lake

KNG Pocahontas Buffalo Fork (Impoundment)

KNG Pocahontas Seneca (Impoundment)

KCG Pocahontas Handley Pond

Guyandotte River

OG Wyoming/Mingo RD Bailey Lake